FAQs
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The answer will vary, depending on one’s needs and circumstances. As a general rule, if you are actively creating songs/content, and/or engaged in building a brand or business, it is best to speak with an attorney at the earliest possible opportunity. MANY pitfalls can be avoided by hiring an attorney at the outset, as opposed to hiring one when the damage has already been done. It is much easier and cheaper to do things right from the beginning. Contact us for a free consultation today.
Under US Copyright law, once an original work, with sufficient creativity, is fixed in a tangible medium/form (tangible being something that can be physically touched and/or perceived, reproduced, or otherwise communicated), a copyright is thus born. Therefore, one does not need register a work to have a protected copyright. However, there are several benefits and added protections one receives when a copyright is registered with the US Copyright Office, including the right to pursue a federal claim of action (in the event of infringement), which can provide statutory damages and attorney fees. Registering a copyright will also form a better basis of when a work was created, as well as the identity of the proper author.
I consider this question to be of utmost importance. When you begin any business endeavor with other individuals (and a band is a business), it is vital to have agreements in place that set forth how the business/band will operate. For a band in particular, it is important to have ownership rights specifically defined, especially as it relates to the band name and its creative works. It is vital to have a working agreement that sets forth the basis for how the band will operate; this will allow everyone to be on the same page and will often prevent many issues from arising.